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Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review in Part; 2019

Publication: Federal Register
Agency: International Trade Administration
Byline: Lisa W. Wang
Date: 17 May 2022
Subjects: American Government , Tires 
[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Notices]
[Pages 29851-29853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10567]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-017]


Certain Passenger Vehicle and Light Truck Tires From the People's 
Republic of China: Amended Final Results of Antidumping Duty 
Administrative Review in Part; 2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the administrative review of the countervailing duty (CVD) 
order on certain passenger vehicle and light truck tires from the 
People's Republic of China (China) to correct a ministerial error.

DATES: Applicable May 17, 2022.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Richard 
Roberts, AD/CVD Operations, Office I, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1395 
and (202) 482-3463, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 29852]]

Background

    Commerce published the Final Results of this review on March 10, 
2022.\1\ On March 14, 2022, we received timely submitted ministerial 
error comments from the petitioner \2\ and interested party Shandong 
Province Sanli Tire Manufactured Co. Ltd (Sanli).\3\ On March 18, 2022, 
Sumitomo Rubber (Hunan) Co., Ltd. (SRH), filed comments rebutting the 
petitioner's assertion that Commerce committed a ministerial error.\4\ 
Commerce is amending its Final Results to correct the ministerial error 
raised by the petitioner.
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    \1\ See Certain Passenger Vehicle and Light Truck Tires from the 
People's Republic of China: Final Results of Countervailing Duty 
Administrative Review, and Rescission of Review, in Part; 2019, 87 
FR 13704 (March 10, 2022) (Final Results), and accompanying Issues 
and Decision Memorandum (IDM).
    \2\ See Petitioner's letter, ``Passenger Vehicles and Light 
Truck Tires from the People's Republic of China: Ministerial Error 
Comments,'' dated March 14, 2022. The Petitioner is United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers Union, AFL-CIO.
    \3\ See Sanli's Letter, ``Passenger Vehicle and Light Truck 
Tires from the People's Republic of China: Ministerial Error,'' 
dated March 14, 2022.
    \4\ See Sumitomo's Letter, ``Passenger Vehicle and Light Truck 
Tires from the People's Republic of China: Rebuttal to Petitioner's 
Allegation of Ministerial Error 2019,'' dated March 18, 2022.
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Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \5\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and if appropriate, correct any ministerial error by 
amending . . . the final results of review. . . .''
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    \5\ See 19 CFR 351.224(f).
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Ministerial Error

    Commerce determines that, in accordance with section 751(h) of the 
Act and 19 CFR 351.224(f), it made a ministerial error in the Final 
Results. Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of this ministerial error in the 
calculation of the countervailable subsidy rate assigned to SRH, which 
changes from 24.79 percent to 25.63 percent.\6\ For a detailed 
discussion of Commerce's analysis, see Amended Final Analysis 
Memorandum.\7\ As a result of this change, the rate for the three non-
selected companies under review also changes to 25.63 percent. Finally, 
the adverse facts available (AFA) rate for Triangle Tyre Co., Ltd. 
changes to 125.17 percent.
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    \6\ See Memorandum, ``Ministerial Error Memorandum for the Final 
Results of the 2019 Administerial Review of the Antidumping Duty 
Stainless certain passenger tires from China,'' dated concurrently 
with, and hereby adopted by, this notice; see also Memorandum, 
``Administrative Review of the Antidumping Duty Order on Passenger 
Vehicle Tires from China Amended Final Analysis Memorandum for 
SRH,'' dated concurrently with this notice (Amended Final Analysis).
    \7\ Id.
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Amended Final Results of Review

    As a result of correcting the ministerial error described above, 
Commerce determines the following net countervailable subsidy rates for 
the period of review (POR), January 1, 2019, through December 31, 2019:

------------------------------------------------------------------------
                                                  Subsidy rate (percent
               Producer/exporter                       ad valorem)
------------------------------------------------------------------------
Sumitomo Rubber (Hunan) Co., Ltd. and its cross-                   25.63
 owned affiliates.\8\..........................
Triangle Tyre Co., Ltd.........................                   125.17
------------------------------------------------------------------------
       Review-Specific Rate Applicable to the Following Companies
------------------------------------------------------------------------
Jiangsu Hankook Tire Co., Ltd..................                    25.63
Qingdao Landwinner Tyre Co., Ltd...............                    25.63
Shandong Province Sanli Tire Manufacture Co.,                      25.63
 Ltd...........................................
------------------------------------------------------------------------

Disclosure
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    \8\ Commerce finds the following companies to be cross owned 
with Sumitomo Rubber (Hunan) Co., Ltd.: Sumitomo Rubber (China) Co., 
Ltd. and Sumitomo Rubber (Changshu) Co. Ltd.
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    We intend to disclose the calculations performed for these amended 
final results in accordance with 19 CFR 351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce shall determine and U.S. Customs and Border 
Protections (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the amended final 
results of this review. We will calculate importer-specific assessment 
rate on the basis of the total amount of antidumping duties calculated 
for each importer's examined sales and the total entered values of the 
sales in accordance with 19 CFR 351.212.(b)(1).
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the amended Final Results of this review. However, as 
stated in the Final Results, we will direct CBP not to liquidate 
relevant entries until the time for parties to file a request for a 
statutory injunction has expired.

Cash Deposit Requirements

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for the companies subject to 
this review. For all non-reviewed companies, we will instruct CBP to 
continue to collect cash deposits of estimated countervailing duties at 
the most recent company specific or all-others rate applicable to the 
company, as appropriate. These cash deposits, effective upon 
publication of these amended final results, shall remain in effect 
until further notice.

Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is sanctionable violation.

[[Page 29853]]

Notification to Interested Parties

    We are issuing and publishing these amended final results of review 
in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: May 5, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-10567 Filed 5-16-22; 8:45 am]
BILLING CODE 3510-DS-P




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